Private Nuisance

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Definition: "An unlawful interference with a person's use or enjoyment of land coming from neighbouring land."

The Claimant:

Anyone can claim.

Must have some interest in the land.

The Defendant:

A person who is allowing the nuisance to occur upon their land- the occupier.

The person who is causing the nuisance- this could be a tenant.

The person who is causing the nuisance- they do not have to have an interest in the land so it could be a member of the tenants or owners family.

A person can be liable if they have adopted a nuisance from a previous occupier or tenant and failed to do anything about it.

A person can be liable for a nuisance that is the result of natural causes which they are aware of and failed to deal with it.

Indirect interference:

Fumes drifting over into a neighbours land.

Smell from farm animals.

Noise from children, gun fire, speedways, motor racing.

Vibrations from industrial machinery.

Hot air rising into other premises.

Oily smuts from chimneys.

Fire

Cricket balls being hit into gardens.

Unreasonable use of the land:

Locality

Duration of the interference.

Sensitivity of the claimant.

Malice

Social Benefit.

The Human Rights Act 1998.

Defences:

Prescription- only applies to private nuisance. Claimed when activity has taken place for at least 20 years without a complaint.

Statutory Authority- Defence for both public and private nuisance. Planning permission must change the character of the neighbourhood and mean that the nuisance is now reasonable.

Remedies:

Injunction- Can be an order to: A) Stop the nuisance; B) A positive injunction (install filters to prevent smoke); C) Injunction could be linked to an award of damages.

Damages- Up to the defendant to argue that a remedy of damages is a more suitable alternative to the injunction.